factual

Does the Devon Creek Franchisee release Telephone Companies from all claims related to the Agreement?

Devon_Creek Franchise · 2024 FDD

Answer from 2024 FDD Document

WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Devon Creek franchised business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, use software, and use telephone listings linked to the Devon Creek brand.

WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;

NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Definitions

All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.

2. Internet Advertising and Telephone Listings

  • 2.1 Interest in Web Sites, Social Media Accounts, Other Electronic Listings and Software. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet web sites, the right to hyperlink to certain web sites and listings on various internet search engines, and the right to use certain software (collectively, "Electronic Advertising and Software") related to the Franchised Business or the Marks.
  • 2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the "Telephone Listings") related to the Franchised Business or the Marks.

Source: Item 22 — CONTRACTS (FDD page 45)

What This Means (2024 FDD)

Based on the 2024 Devon Creek Franchise Disclosure Document, the franchisee agrees to acquire rights to telephone numbers and listings related to the franchised business. Specifically, the franchisee obtains rights to telephone numbers and regular, classified, internet page, and other telephone directory listings related to the Devon Creek franchised business or the Marks. However, the FDD does not state that the franchisee releases telephone companies from all claims related to the agreement.

While the franchisee agrees to acquire rights to telephone listings, the Franchise Agreement does not explicitly state that the franchisee is required to release telephone companies from claims. The agreement outlines the franchisee's rights and responsibilities regarding internet advertising and telephone listings, but it does not include a clause that releases telephone companies from any claims.

Therefore, a prospective franchisee should seek clarification from Devon Creek regarding whether they are required to sign any agreements that release telephone companies from claims related to their telephone listings and services. It is important to understand the full scope of liabilities and responsibilities before entering into a franchise agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.